Act/Law wise: Judgment of Supreme Court of Bangladesh

ALL A B C D E F G H I J K L M N O P Q R S T U V W X Y Z



Bangladesh Oil, Gas and Mineral Corporation (Petrobangla), Ordinance, 1985
Section/Order/Article/Rule/Regulation Head Note
Section 6(1)

The appellant retired from military service and was appointed as a Director of the BOGMC on a contract basis. He was absorbed/appointed ‘in the public interest” as a regular incumbent of the corporation, and the earlier contract of service was cancelled vide notifications dated 4 August, 1990.
Held: The notifications for absorbing or regularizing the contract service on a permanent basis were done illegally and without lawful authority. The expression “in the public interest” was blatantly used for a private cause. Lt. Col (Retd) Nazimuddin Ahmed Vs Bangladesh & Ors. 3BLT (AD)-176. ....View Full Judgment

Regulations—Rule 15

Service Regulations—Rule 15
Rule 15 of Service Regulations of the Corporation (BOGMC) empowers it to send its employees outside the Corporation on deputation basis. BOGMC subsequently formed a subsidiary company named Bangladesh Petroleum Exploration Company Limited and got it registered under the Companies Act, 1913. By resolution of the Board of Directors of the Corporation held on 1. 6.1991 respondent No. I was permanently transferred to the said subsidiary company. The High Court Division rightly held that respondent No. I acquired a right under section 24(2)(d) of the Ordinance to remain an officer of the Corporation and his permanent transfer to the subsidiary company without his consent was illegal.
Chairman, Petro Bangla and others Vs. A.K.M. Fazlul Karim and another, 15 BLD (AD) 114. ....View Full Judgment

Regulation No. 42(8)

Service Regulation No. 42(8)
It provides that if the final decision is not taken by the authority in a disciplinary proceeding against its employees, the person proceeded against shall stand exonerated from all the allegations on the expiration of 180 days from the date of notice of the proceeding.
A lawfully drawn proceeding and valid orders of suspension, though cease to have effect on the expiration of 180 days for not taking the final decision in the matter, cannot be declared invalid. Appointment of an Enquiry Committee after the proceeding lost its force and the respondent stood exonerated from all the allegations against him is illegal and void.
Bangladesh Oil, Gas and Mineral Corporation (PETROBANGLA) and another Vs. Baziul Karim, 16 BLD (AD) 25. ....View Full Judgment